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BIOSECURITY ACT 2015 - SECT 630

Forfeited conveyances

  (1)   This section applies in relation to a conveyance if:

  (a)   biosecurity measures in relation to the conveyance have been required under:

  (i)   Part   2 of Chapter   4 (conveyances entering Australian territory); or

  (ii)   Chapter   6 (managing biosecurity risks: monitoring, control and response); and

  (b)   the conveyance is in the possession or control of:

  (i)   the Commonwealth; or

  (ii)   a biosecurity industry participant as authorised by an approved arrangement covering the biosecurity industry participant.

  (2)   The conveyance is forfeited to the Commonwealth if the Director of Biosecurity:

  (a)   has not been able, despite making reasonable efforts, to locate the owner of the conveyance; and

  (b)   has certified in writing to that effect.

  (3)   If a conveyance is forfeited to the Commonwealth under subsection   (2), the Director of Biosecurity may cause the conveyance to be sold, destroyed or otherwise disposed of.

Note:   Before exercising a power under this subsection, a biosecurity official must be satisfied of the matters referred to in section   32 (the principles).

  (4)   If a conveyance is to be destroyed under this section, the Director of Biosecurity may cause any goods on board the conveyance to be removed from the conveyance before it is destroyed.

  (5)   Before a conveyance is sold, destroyed or otherwise disposed of under this section, the Director of Biosecurity may cause the conveyance to be treated in an appropriate manner to manage any biosecurity risk associated with it.


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